UI2024002376

             The Secretary of State for the Home Department appeals with permission against the decision of First-tier Tribunal Judge Hendry promulgated on 15 April 2024, in which Ms Kaur's appeal against the refusal of her application for an EU Family Permit was allowed. The appeal was allowed based primarily on her husband's appeal being allowed, with the same underlying factual basis.

             There were previous requests in both the First-tier Tribunal and the Upper Tribunal to link this appeal to that of Ms Kaur's husband, Mr Malkiat Singh, UI-2024-001914, EA/00881/2023 which for administrative reasons did not occur in the First-tier Tribunal with the appeals being heard separately. In the Upper Tribunal, there were practical reasons why the error of law hearings in both cases could not be heard on the same date.

             The decision in the case of Mr Malkiat Singh, UI-2024-001914, EA/00881/2023 was heard on 2 July 2024 and the decision now promulgated, in which an error of law was found and the appeal remade to dismiss it on all grounds. A copy of the decision is attached.

             In these circumstances, the Upper Tribunal is minded to find a material error of law in the decision of the First-tier Tribunal, set aside the decision of the First-tier Tribunal and substitute the decision on appeal to dismiss the appeal.

Any party who is opposed to this course of action is directed to inform the Tribunal in writing (giving reasons), not later than 14 days after the date on which these directions are sent by the Upper Tribunal.